Interrogatory of United States District Court: First Interstate Bank of Fort Collins, N.A. v. Piper Aircraft Corp.

KIRSHBAUM, Justice.

Pursuant to C.A.R. 21.1, the United States District Court for the District of Colorado has certified the following question of Colorado law which may be determinative of a claim in a case presently pending in that court:

Is the limitations period set forth in Colorado’s wrongful death statute subject to tolling for fraudulent concealment of the facts underlying the wrongful act?

We answer this question in the affirmative.

I

The following pertinent facts have been gleaned from the trial court’s certification order and from its orders respecting motions to dismiss. The…